Chandigarh

StateCommission

EA/43/2013

Sh. Ashwani Chandna - Complainant(s)

Versus

Emaar MGF Land Pvt. Ltd. - Opp.Party(s)

Sh. Subhash Cander Sharma Adv.

04 Feb 2014

ORDER

 
Execution Application No. EA/43/2013
 
1. Sh. Ashwani Chandna
Chandigarh
...........Appellant(s)
Versus
1. Emaar MGF Land Pvt. Ltd.
SCO 120-122, 1st Floor, Sec. 17-C, Chandigarh through its DGM Mt. Mohit Kaura
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE SHAM SUNDER PRESIDENT
 HON'ABLE MR. DEV RAJ MEMBER
 HON'ABLE MRS. PADMA PANDEY MEMBER
 
PRESENT:
 
ORDER

As per the office report, no stay order or any other order has been received from the Hon’ble National Consumer Disputes Redressal Commission, New Delhi or any other court.

2.                              Counsel for the JDs, has submitted a photocopy of the order dated 28.01.2014  passed in F.A. No.539/2013 against the order dated 14.06.2013, passed in C.C.No.18/2013 by this Commission, which reads as under:-

“Photographs placed on record by the counsel for the appellant are not clear and visible. Learned counsel for the appellant seeks time to file the clear photographs. Be filed within a week with copy to the Opposite Party”.

3.                               From the afore-extracted order, it is evident that the matter with regard to the factum, as to whether, the plot, in question, of which the possession was sought by the complainant has already been developed or not, is being adjudicated upon by the National Commission. However, there is no stay of the operation of the order dated 14.06.2013 passed by this Commission.

4.                              Counsel for the JDs, has submitted that the JDs are ready to pay the amount due to the DH, as per the award passed by this Commission, but the matter with regard to possession of the plot being adjudicated upon by the National Commission be kept pending till the decision of appeal. He has further submitted that the amount due shall be deposited in this Commission within 4 weeks from today.  He has further submitted that the interest awarded to the complainant shall be paid upto the passing of the order dated 14.06.2013, passed by this Commission. The question of remaining interest, if any, due to the complainant, shall be determined, after the decision of the appeal by the National Commission.

5.                              Counsel for the DH has no objection to the deposit of the amount by the JDs, due to the DH against them. He has further submitted that he will seek possession only after the decision of the appeal, referred to above, is decided by the National Commission. He has further submitted that the Execution Application be disposed of accordingly.

6.                              In view of the above, the Execution Application is disposed of, at this stage, with no order, as to costs.  However, the DH shall be at liberty to file a fresh Execution Application, if the amount, is not deposited within 4 weeks, as indicated above, by the Counsel for the JDs.

7.                              Certified copy of the order be sent to the parties free of charge.

 

 
 
[HON'BLE MR. JUSTICE SHAM SUNDER]
PRESIDENT
 
[HON'ABLE MR. DEV RAJ]
MEMBER
 
[HON'ABLE MRS. PADMA PANDEY]
MEMBER

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